- Who sends it
- The buyer at the trustee sale or later owner, once title is perfected
- What it starts
- 3 days to leave (the self-help center says weekends and holidays are not counted); then a formal court case
- Do this first
- Do not ignore it; call Legal Aid Center of Southern Nevada at 702-386-1070 and watch for court papers
What this notice is in Nevada
NRS 40.255(1)(c) says a person who stays in a home sold under a deed of trust power of sale may be removed through the court process after a 3-day written notice to surrender is served, once title under the sale has been perfected. The Civil Law Self-Help Center's form for this is called a Three-Day Notice to Quit Following Sale.
Before this, the trustee must record the trustee's deed within 30 days after the sale, or deliver it within 20 days for the buyer to record within 10 days, and a copy must be posted on the home within 5 days after recording (NRS 107.080(10), (11)).
What it does and does not mean
- It is not a court order. You cannot be removed just because the 3 days pass.
- The Civil Law Self-Help Center says the summary eviction process cannot be used to evict a former owner. The owner must file a formal eviction case for unlawful detainer and serve you a summons and complaint.
- The self-help center says you generally have 21 days to file an answer, though the court can shorten that to 10 days. A hearing on a temporary writ of restitution usually cannot happen until at least 11 calendar days after you are served, and a trial on permanent possession no earlier than 20 calendar days after service.
- If the owner wins, the court can order you to pay its court costs and attorney fees.
- If you believe the sale broke Nevada law, the deadline to sue to void it is short: 30 days after the trustee's deed is recorded, or 90 days after the sale if you did not get proper notice (NRS 107.080(5), (6)).
If you rent the home
- A tenant who is not named on the mortgage or deed gets a notice of change of ownership instead, and cannot be removed until at least 60 days after receiving it if rent is paid monthly, or the length of the rental period if it is shorter (NRS 40.255(2)).
- During that time the lease continues, and rent is paid to the new owner named in the notice.
- No eviction record may be entered against a tenant who moves out during the notice period (NRS 40.255(5)).
What to do this week
- Write down the date and how the notice was served.
- Call Legal Aid Center of Southern Nevada at 702-386-1070 or Nevada Legal Services. If you are served a summons and complaint, file an answer on time.
- Talk to the new owner about a move-out date or cash for keys, and get any deal in writing. See our cash for keys page.
- Ask the trustee in writing whether the sale left surplus money and give your new address. See Nevada foreclosure surplus funds.
- Read after a foreclosure sale in Nevada and our national notice to vacate page.
The rest of the Nevada process
See how foreclosure works in Nevada, the timeline, ways to stop it and free help in Nevada, or read the national guide to this letter.
Common questions
Can I be locked out 3 days after a Nevada foreclosure notice to quit?
No. After the 3 days, the new owner must file a formal eviction case and get a court order. The Civil Law Self-Help Center says the summary eviction process cannot be used against a former owner after foreclosure.
Do weekends count in a Nevada 3-day notice to quit after foreclosure?
The Civil Law Self-Help Center says the three-day notice period does not include weekends and holidays. Count carefully and get legal advice if you are unsure.
How long do I have to answer a Nevada eviction case after foreclosure?
The Civil Law Self-Help Center says a former owner generally has 21 days to file an answer, but the court can shorten that to 10 days. Read the summons for the deadline that applies to you.
Will I owe the lender money after the Nevada sale?
Only if the lender applies to a court within 6 months after the sale and wins after a fair market value hearing. A bank cannot get a deficiency on many purchase loans for a single-family home you lived in. See Nevada deficiency judgments.
Other Nevada letters
- Pre-foreclosure notice and account summaryUnder Nevada's Homeowner Bill of Rights, your servicer must mail you a summary of your account at least 30 days before it records a Notice of Default. It shows the amount to catch up and the options the servicer offers. It is a warning, not a foreclosure filing, and it is the time to apply for help.
- Notice of Default and Election to SellThe Notice of Default and Election to Sell starts a Nevada trustee foreclosure. It is recorded with the county and mailed to you, and at least 3 months must pass before a sale can be noticed. If you live in the home, it starts a 30-day window to ask for state foreclosure mediation.
- Home Means Nevada Foreclosure Mediation Program notice and waiver formIf you live in the home, your Notice of Default must come with a notice from Home Means Nevada, Inc. about the state Foreclosure Mediation Program, a waiver form and two envelopes. You have 30 days to file a Petition for Foreclosure Mediation Assistance with the district court. If you file on time and pay your fees, the sale cannot go forward until mediation is done.
- NOTICE: YOU ARE IN DANGER OF LOSING YOUR HOME!For a home you live in, Nevada requires the trustee to serve you a notice headed "YOU ARE IN DANGER OF LOSING YOUR HOME!" at least 60 days before a trustee sale. It comes with a copy of your promissory note and a list of places to call. It means a sale could happen in as little as 60 days.
- Notice of Sale (Notice of Trustee's Sale)The Notice of Sale, often titled Notice of Trustee's Sale, gives the date, time and place of the auction of your Nevada home. It can come only after the 3-month Notice of Default period and, for a home you live in, a recorded mediation certificate. You can still catch up until 5 days before the sale date.